Family Violence, Firearms and Reluctant Victim
It is 22:15 on a Friday in a residential street in Belconnen, ACT. You and your partner attend after a neighbour reports shouting and a child crying. A 34-year-old woman opens the door. She has a red mark on her neck and says her 38-year-old partner grabbed her during an argument about money. He is in the kitchen, smelling of alcohol, and says she pushed him first. Two children, aged six and nine, are awake in the lounge room. The woman says she does not want him arrested because 'it was my fault' and she does not want the children taken away. There is no current protection order. The man is calm but stands between you and the hallway. You see a locked gun safe in the garage and a rifle cleaning kit on a bench; the man says he has a current firearms licence. The woman asks you to leave and says she will handle it.
1. Identify the immediate risks and explain how you manage the scene before deciding on arrest.
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Risks: physical violence, escalation, children exposed, firearm access, alcohol, the man blocking the hallway, and the woman minimising.
Action: Keep the man and woman separated and away from the children. Ask him to step into the lounge or outside; if he refuses, do not push past alone-call for a second crew. Check the gun safe and rifle kit: confirm the licence, serial numbers, storage, and whether any firearm is unsecured. Under the Firearms Act 1996 (ACT), police can seize firearms if necessary for safety. Ask the woman and children simple safety questions: has he strangled her, threatened weapons, or harmed the children? Look for injuries and take photographs if she consents. Request the Domestic Violence Crisis Service and consider a child protection report. Do not promise that no one will be taken away. Keep the children supervised and away from the argument.
2. Would you arrest the man? Justify your decision using ACT law and policy.
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Issue: Is arrest necessary and proportionate?
Law/policy: ACT policing is not a mandatory-arrest jurisdiction. A family violence offence may be an offence against the person; arrest requires reasonable suspicion and a legitimate purpose, such as preventing further violence, protecting children, or ensuring court attendance. The Family Violence Act 2016 (ACT) also supports protection orders and safety planning.
Options: arrest; report and refer; remove him voluntarily; apply for an order.
Decision: On these facts I would likely arrest. There is an admitted physical struggle, a visible neck mark, alcohol, children present, and access to firearms. The man is calm now but blocking the hallway. Arrest separates him and allows a risk assessment. I would not arrest simply because the woman 'started it' or to punish him.
Action: Arrest on reasonable suspicion, search for weapons, caution, and consider bail or conditions. If a supervisor decides arrest is not necessary, document the safety plan and immediate protective steps.
3. The woman refuses to make a statement and asks you to leave. What follow-up and referral options remain?
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Issue: Victim reluctance does not end the police role.
Action: Explain that the decision to proceed is not solely hers and that police can act on other evidence. Offer the Domestic Violence Crisis Service, safety planning, and a police application for a family violence order if the criteria are met. Give her a card and explain how to call 000. Consider whether the children are at risk and make a child protection report if the threshold is met. Record her refusal and your advice. If the man is not arrested, consider a referral to the family violence team, a formal caution where appropriate, and a follow-up visit. Do not threaten her with child removal; that increases risk.
Why: The aim is risk reduction and evidence preservation, not forcing a statement. If she later supports prosecution, your notes and photographs matter. If she does not, the safety plan and order may still protect her.